//$ O&A, Fugro-Chance Inc.,Auth./Private R/O, AD 3-6-95, DA 95- 455//$ //$For Regular Release//$ DA 95-455 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of the Application of ) ) FUGRO-CHANCE, INC. ) ) File Nos. 3475-DSE-P/L-93 For Blanket Authority to Construct and ) 3476-SSA-93 Operate a Private Network of Receive-Only ) Call Sign: E930503 Mobile Earth Stations ) ORDER AND AUTHORIZATION Adopted: March 6, 1995 Released: March 16, 1995 By the Chief, International Bureau: 1. Fugro-Chance, Inc., now John E. Chance & Associates, Inc. ("Chance"), requests a waiver of Section 2.106 of the Commission's Table of Frequency Allocations, 47 C.F.R.  2.106, so that it may construct and operate a private network of approximately 250 receive-only mobile earth stations using frequencies in the 3700-4200 MHz band. This frequency band is allocated to the fixed-satellite service and fixed-terrestrial service on a shared basis. There is no allocation for mobile-satellite service in this band. Chance's mobile earth stations would be located aboard offshore vessels operating within domestic U.S. waters, and would receive data from the GTE Spacenet satellite system while the vessels are in motion. 2. In general, use of the radiocommunication frequencies in the United States must be in accordance with the Table of Frequency Allocations contained in Section 2.106 of the Commission's rules. We have, however, permitted non-conforming uses when there is little potential for interference into any service authorized under the Table of Frequency Allocations and when the non-conforming operator accepts any interference from authorized services. For example, we allowed mobile-satellite space-to-Earth transmissions in both the 3.7 - 4.2 GHz and the 11.7 - 12.2 GHz frequency bands although there is no allocation for mobile-satellite service in these bands. We stated we saw no reason to prevent these transmissions "when a downlink transmission from a fixed-satellite appears identical regardless of whether it is being received by fixed or mobile terminals." 3. In this case, Chance's operations will not cause interference into the fixed-satellite service, the terrestrial fixed-service, or any other service authorized to operate in the 3700 - 4200 MHz band. Chance will be using an existing satellite, and Chance's operations will not alter either the footprint or the power of downlink transmissions from this satellite. Although these downlink transmissions are currently being received by fixed terminals, no technical problems will arise if Chance's mobile earth stations are also authorized to receive them. In addition, authorization will allow Chance to provide positioning services in connection with the exploration for and production of petroleum products in offshore areas of the United States. Consequently, we grant the waiver of Section 2.106 of the Commission's Table of Frequency Allocations. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R.  0.261, that File Nos. 3475-DSE-P/L-93 and 3476-SSA- 93 ARE GRANTED and John E. Chance, Associates, Inc., IS AUTHORIZED to construct and operate a private network of up to 250 receive-only mobile earth stations using frequencies in the 3700 - 4200 MHz band, subject to the following conditions: a) No harmful interference shall be caused into any authorized service that is in compliance with the Table of Allocations, either domestically or internationally, in the 3700 - 4200 MHz frequency band (see 47 C.F.R.  2.106), and Chance shall immediately cease mobile operations upon notification of interference into any of these services; b) Chance, as a non-conforming user of the frequency band, must accept any interference from any service authorized to use the 3700-4200 MHz band; and c) Chance shall maintain a point of contact who can arrange to remedy any interference problems immediately or to terminate operations if necessary. Chance shall submit the name and telephone number of the contact within 30 days of the release of this order; 5. Chance is afforded thirty days from the date of release of this order to decline the authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned FEDERAL COMMUNICATIONS COMMISSION Scott Blake Harris Chief, International Bureau